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SEC Provides Parameters on the Risk-Based Approach for Selecting Registered Investment Advisers for Examination

On September 6, the Securities and Exchange Commission (SEC) issued a risk alert, which detailed the factors the division considers in its risk-based approach for selecting SEC-registered investment advisers (advisers) to...more

SEC Advises Companies to Disclose Crypto Market Exposure

On December 8, the Securities and Exchange Commission (SEC) issued new guidance for publicly traded companies, advising them to disclose their exposure and risk in the cryptocurrency market to investors....more

SEC's Enforcement Results for FY 2022 Reflect Robust Enforcement and Record-Breaking Penalties

On November 15, the U.S. Securities and Exchange Commission (SEC) announced its enforcement results for fiscal year 2022, which featured the following key metrics...more

Recent SEC Complaint Signals Increased Enforcement Risk for Companies on ESG Disclosures

A complaint recently filed by the SEC against Vale S.A., a Brazilian mining company with U.S.-traded American Depository Receipts (ADRs), signals an increased risk of enforcement actions targeting misrepresentations and...more

FINRA Report Highlights New Topics and Emerging Risks for 2022

On February 9, FINRA published its 2022 Report on FINRA’s Examination and Risk Management Program (2022 Report), an authoritative resource for member firms to evaluate and, where necessary, enhance their compliance programs...more

Second Circuit Affirms De Maison Disgorgement Amount as Reasonable

Executive Summary - On December 16, 2021, the Second Circuit affirmed a lower court’s judgment, ordering disgorgement and imposing a civil penalty involving a defendant (Ms. de Maison) charged with participating in a...more

SEC Signals Shift Away From "Neither Admit Nor Deny" Approach to Settling Enforcement Actions

The Securities and Exchange Commission (SEC) plans to return to a policy, requiring companies to admit wrongdoing to settle certain enforcement actions, according to the SEC Division of Enforcement Director Gurbir Grewal. ...more

SEC Has Its Eye on SPACs

SPACs — short for “special purpose acquisition companies” — recently have drawn significant interest by companies and executives as a more seamless method to conduct an initial public offering. Often referred to as “blank...more

Raising Capital During Periods of Extreme Price Volatility

On February 8, in light of recent market volatility in the options and equities markets, the Division of Corporation Finance (Division) of the U.S. Securities and Exchange Commission (Commission) published guidance for...more

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